Note by Margaret A. Keenan
In a prosecution for armed robbery, petitioners sought to exclude from evidence a sawed-off rifle and rifle shells found during the search of an automobile in which they were passengers. Because petitioners asserted no property interest in the automobile and denied a possessory interest in the seized evidence, the trial court held that they lacked standing to object to the search. The Illinois Appellate Court affirmed the trial court's ruling, and the Illinois Supreme Court denied petitioners leave to appeal. The United States Supreme Court found that no useful purpose was served by considering "standing" as an issue distinct from the merits of a defendant's fourth amendment claims, and held that because petitioners asserted neither a property nor possessory interest in the automobile or in the property seized, they did not have a "legitimate expectation of privacy" protected by the fourth amendment and therefore could not contest the validity of the search. Rakas v. Illinois, 439 U.S. 128 (1978).
About the Author
Margaret A. Keenan.
Citation
54 Tul. L. Rev. 765 (1980)